Clarity needed: Treaty ‘fourth article’

Clarity needed: Treaty 'fourth article'

AUT History professor, and Treaty expert, Paul Moon, has called on the Waitangi Tribunal to make its position clear on the so-called "Fourth Article" of the Treaty of Waitangi.

"A few Government departments and agencies (such as the Ministry of Health, the Nurses Council, and the Human Rights Commission) still rely on this fictitious article, which has the potential to distort the actual meaning of The Treaty."

Professor Moon says that occasionally, the Waitangi Tribunal has referred to the Fourth Article, even though he believes this is mistaken:

"The so-called Fourth Article has no basis in history or international law, and yet the Tribunal has failed make this clear. The Tribunal has a moral and constitutional obligation to refute categorically the idea of the so-called Fourth Article. The failure to do so not only created uncertainty but also undermines confidence in the Tribunal".

Professor Moon emphasises that the texts of the Treaty - both on English and Te Reo Māori - is what the signatories, read, heard, and agreed to.

"A magical fourth article, conjured up by a group of priests at a conference in the 1990s, is a distortion of the Treaty, and is disrespectful to those involved in drafting and agreeing to it back in 1840."

Useful links

• Read Professor Moon's article on The Conversation: Unwritten rules: why claims of a missing 'fourth article' of the Treaty don't stack up
• View Professor Moon's academic profile